New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-14
HOLY TRINITY TO BE SUED.
DISTRICT-ATTORNEY WALKER on THE
COMING OF HE REV. Mr.. WARREN.
HE T INKS TIE LAW HAS BEEN NlOLATED-JOHN
s. KENNEDY WILLING TO ray THE FINE IF iSi

| kcnne
so,ved IN # the Church Holy Trinity and the Rev.
y Wauole Warren shall not violate tho law prohbitin ny
The mporatton OF contract LABOR He has studied ont
the meaning of the words Labor" and "contract he
has read the law carefully and he has dec ted. and
United States District Attorney Walker agrees with him.
that the fashion at Fory-second ST. aud
Madison ave maefactOrs. But while the ;errors OF
the law are TO be invoked upon the governors OF the
church. no blood seems t, exist between them and
IN cir prosecutor
| There is decp method in Mr. Kennedys conduct. Not
content with being a banker at No. 40 Walst, no is
president OF the ST. Andrews Society In looking after
the interests OF immigrants the case OF the canny scotch
gardener NJ Cummings. attracted his notice Cummings
came this country 10 enter the service OF Kentucky
gentleman. bat Collector Magone found time between
the interests OF beheadng faithful Republican officials TO
detain Cummings under the Contract Labor law "a an
emf has been made in Great Britain that Cum
mngs should services skilled gardener here
United judge wrcstlcd with the case and sent
Cummings back TO Scotland. short time afterward
Cummings came back to America without any ICON
tract or agreement and now Is probably watering the
grounds OF the Kentucky gentleman who wanted him At
first.
A RESOLVE TO MAKE THE LAW RIDICULOUS.
Mr. Kennedys Ire arose this and he resolved
10 make the law appear ridiculous to others as ap
peared to him. II the poor ard owly were TO
be subject to such rigid Interpretation
NJ the law Il was only right that
Walpoe Warren. who recently called to tho pastor
ate OF the Church OF tho Holy Trinity came from Eng
land he didn't start for this side until an agreement
had with the officers OF the church Hero was
an excellent opportunity for the crnsalng banker 10
make a test case. Before Mr.. Warrens arrival Mr. Ken
ncdy wrote to Collector Magone, calling his attention to
the facts and saying that no legally advised that
Mr. Warren could not he permitted TO land without vo
lang the and spirit OF the law But the Collector
didn't appear to share bankers views and Mr Warren
was not prevented from landing.
Secretary Fairchild then appealed to by Mr. Ken
ne ly TO enforce the law Mr. Kennedy, in HIS letter TO
tn, Secretary. ended az follows: 80
I need hardly add to the assurance contained in my
letter 10 the Collector that take this action with the
kndes feelings toward the Rev Mr. Warren aud toward
his congregations which numbers several OF my person"
lion 10 what believe unjust aud unreasonable
law see reason. however, why law should he EN-,
IN a the be tue OF chosen
ricn city congregation TO wnom 1t equally applies
The TREASURY DEPARTMENT srAGGER u.
The idea OF holding that popular and handsome eler-
svmap WAS aoenabc 70 a law which the clamor OF trades
unions had scared order 10 keep out OF the country
Italians wages would go to foreign master. or To
foreign masters. staggered tho Treasury Department mt
Assistant Secretary Maynard replied to Mt kennodys
letter by referring him to the United states District
Attorney who gh prosecute a,uit against corpora
ton or person violating tho law Mt Kennedy wrote 10
Mr. Walker several days and hat brave and courty
officer took the bull boldly by tho horns, Will be- seen
in the fsowin; letter received by Nr. Kennedy yestcr
day:
OFFICE or The UNIrEp STATES ArIoRNLrl
NE"-ioEK. October II. L.,
Mr. joins & KESSrDr. 10 "ai-'t. Mr. York
sui san.t me ves,ry and xardens OF the church OF
the Holy Trinity o. ,ns ,y 10 recover tho penalty pre-
scrned under the act approved February 20. l-73 en-
t,ed An Act to Piohibt tho importation and Immisra
tou OF Foreigners and Ahcn- under Contract or Asee
mont 10 Perform Labor In the United states etc the
G@nS In .nnstancc =. appears nom the papers you
u That
september Of me pre.eni ycar he'wccn ne onc'r' o.
when were that the SAID Warren, then bcins Al alien
aud resident %. England. should come 10 TN country
and for an annual compensation be- installed a. pastor
priest Of SAID church. ana thereafter for an Indefinite
clergyman ~ tho Iroie-iant Episcopal church IN ana
over said paush. infer from your communication 40.
that In pursuance Of the terms Of this contract and under
is inducements the said Warren let England and landed
IN ni- port on or about Tic -'I oi september MI ana
entered upon tho cnc- IN said parish which are pre-
scriped in said contract
Il further appear, from the paper. you' inco.e nat
Gated 'he f'ci IN mis- e-- 70 nc secretary % the res
ury' By whom you were aiyl'ci thst whore an imni,
lion o the ~ IT, act referrc TO- 20 prosecute
.uii again, The person partnership company or cor
porltion violating The same
II facts stated IA your lct'"r anil incosures arc
capable of satisfactory proof tho duty j. clearly I'm
posed upon boy the Law 10 prosecute suit 'of $1,000
PENALTY aeansi Nc church pro, I"i me ,rn-'i maze
by It ana Mr warren consercd bo In reference - the
I'rue- thereto and ihe -nb 'cnA,ier and PROVISIONS
thereof comes within the terms OF TIE la" under when
-
have aohcd the conclusion That the ca~s preerted
within the statute auI that u j. my duty to bring alL
MIR. wAEEEN's EiLArGoN5 10 THr LAW.
Nr warren (, An alien and has imnigratcd TO the
United states under the solicitation Of corporation with
which, pnor to h., leaving Ens.and he had engaged to
perform spor IN th, country. Tue statute
Pre- cbcs that tho labor service referred 10 Is labor or
service OF Kind" 1A, cannot mean manual labor
character: ami. loreov-r tho exceptions mentioned I'm
tao ,ct exclude the idea that IT, general provisions relate
d HIIII- sI
pertinent 20 De noel arc among othct' professional
actors, ARTISTS, lect ire pr singers none ~ These cH
copied WOulI he regarded belonging 10 the
MAJ rrccrtcI trr womb FIJI within the terms Of fhciy
The cass you present IS therefore clearly within the
bald ana rcnor-rlc' letter u the statute and II remains
to De- whether the broader bass Of interpretation.
sued legislative Intent excludes It's application 10 The
one who, In c,al phrase "s'cks in tho bark OF a
pend statute without an attempt 20 eli cover what
wrong was sought to be rcmeded by tho law. aud
whether the facts IN given case are presumably oh
uoxions 10 ~ provisions deserves 10 be criticised rs an
observer OF form Ia her than substance.
But in tie present mud relief from any knowi-
a tgor 10 AMY the Of fr uroiecfiv, tarin to
the commodity known labor. II i. protection for tao
sake OF protection not for the sake OF revenue. feature
UNKNOWN 10 our tnIn legislation. It's not FOR TO
say therefore. whom Of that commodity known
a. singing leciDring and acting arc excepted from us
provisions and tine variety known az preaching is not
excepted. that there manifest the part of
Congress IN not making This exception 1t may he uuo
that IN all probability II committee OF preachers hrd
had tho of the chairman OF the Committee WAYS
and Means Just bsoro bs bill was reported eNc"p
lion In their behalf would have been inserted In the Bill
VIII this probability hayo noaing TO do.
THE Statutes BAD GEAR MARKS"
This statute, Ike every other statute In tariff
system. bears the earmark, Of carcessnoss selfish per
sonal interest and all OF invidous discrnina-
lions It's not the business ~ officer OF the Govern
ment 10 endoavor 10 90 behind the written law in search
OF exceptions or notifications IN statutes OF this charac
ter lie may personally know believe, he reads
down the list or dutiable commodities that they all
arranged under the pressure Of conflicting personal u-
tcrests and bear tho marks OF varying Ina
efforts OF the respective advocate. before Congress
concludes from such perlsa for instance that tho
BOraK Committee probably on hand when the time
came. but that tho Alum Committee missed tho
| t,. maj al with lint u,e